Criminal Appeal Verdict: Supreme Court Reduces Sentence in 23-Year-Old Assault Case

The case of Devi Singh vs. State of Madhya Pradesh pertains to a long-standing criminal matter involving an altercation that resulted in injuries and the subsequent conviction of the accused under Sections 326 and 324 of the Indian Penal Code (IPC). The Supreme Court had to determine whether the conviction and sentencing were justified or if modifications were warranted.

Background of the Case

The incident occurred on December 20, 1995, when the deceased, Chunni Lal, was heading to his field with his cattle. His cattle entered another person’s field, leading to an altercation between two groups. The dispute escalated into violence, during which Phool Chand (PW-13) and Udham Singh (PW-1) were injured.

The police initially registered the case under Sections 307, 147, 148, and 149 IPC. However, after Chunni Lal succumbed to his injuries, the case was altered to include Section 302 IPC.

Trial Court’s Verdict

The Trial Court convicted Devi Singh under Section 326 IPC (voluntarily causing grievous hurt by dangerous weapons) for attacking Udham Singh.
He was also convicted under Section 324 IPC (voluntarily causing hurt by dangerous weapons) for injuring Chunni Lal.
The court sentenced him to three years of imprisonment under both sections.

High Court’s Judgment

Upon appeal, the High Court of Madhya Pradesh reduced Devi Singh’s sentence under Section 326 IPC from three years to two years.
However, the High Court maintained the sentence of three years under Section 324 IPC.
The conviction was upheld, and the appeal was dismissed.

During the pendency of the appeal, co-accused Vijay Singh passed away, and his appeal was abated.

Arguments by the Petitioner (Devi Singh)

The appellant contended that Phool Chand (PW-13) had not explicitly stated that Devi Singh caused injuries to Chunni Lal.
Udham Singh (PW-1), one of the key witnesses, turned hostile and did not support the prosecution.
The conviction was based primarily on Exhibit P-38—the statement of the deceased, Chunni Lal, recorded in the police diary.
Since there was no clear evidence directly linking Devi Singh to the injuries inflicted on Chunni Lal, his conviction under Section 324 IPC should be overturned.

Arguments by the Respondent (State of Madhya Pradesh)

The prosecution relied on Exhibit P-38, where Chunni Lal explicitly stated that Devi Singh attacked him with a lathi.
The statement was corroborated by Dr. M.K. Jain (PW-4), who conducted the post-mortem examination and confirmed the injuries.
The injuries on Chunni Lal’s left thigh and head were consistent with lathi blows.
The High Court had already reduced the sentence under Section 326 IPC, and further leniency was not justified.

Supreme Court’s Observations

The Supreme Court carefully analyzed the evidence and previous rulings. The key observations were:

Exhibit P-38 was a crucial piece of evidence: The Court noted that Chunni Lal’s dying declaration explicitly named Devi Singh as one of his attackers.
Medical evidence supported the prosecution’s case: The injuries described in the medical report were consistent with the attack described in the deceased’s statement.
Conviction under Section 324 IPC was appropriate: Since Devi Singh’s actions contributed to Chunni Lal’s death, the conviction under this section was justified.
Leniency in sentencing was warranted: Given that the incident occurred 23 years ago, further reduction in the sentence was considered appropriate.

Key Judgment Excerpts

The Supreme Court ruled:

“Conviction of the appellant under Section 324 I.P.C. is based upon the proper appreciation of oral evidence and Ex.P-38 – Diary statement of the deceased-Chunni Lal and the medical evidence. We do not find any good ground to interfere with the conviction of the appellant under Section 324 I.P.C.”

Regarding sentencing, the Court further observed:

“Since the occurrence was of the year 1995, way back 23 years ago, in which the appellant-Devi Singh allegedly wielded lathi in causing injuries to the deceased-Chunni Lal, having regard to the passage of time and the nature of weapon wielded by the appellant and also considering the facts and circumstances of the case, the sentence of imprisonment of the appellant-Devi Singh under Section 324 I.P.C. is reduced to two years.”

Final Judgment

The Supreme Court partly allowed the appeal.
The conviction under Section 324 IPC was upheld, but the sentence was reduced from three years to two years.
The conviction under Section 326 IPC and the two-year sentence under it remained unchanged.
The appellant was directed to surrender within four weeks to serve the remaining sentence.

Conclusion

This judgment reflects the Supreme Court’s approach in balancing justice with humanitarian considerations. While upholding the conviction based on reliable evidence, the Court acknowledged the passage of time and reduced the sentence accordingly. The decision reinforces the principle that sentencing should be proportionate to the nature of the offense and the circumstances of the case.

Petitioner Name: Devi Singh.
Respondent Name: State of Madhya Pradesh.
Judgment By: Justice R. Banumathi, Justice Indira Banerjee.
Place Of Incident: Madhya Pradesh.
Judgment Date: 05-09-2018.

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